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Legal Definitions - super statuto

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Definition of super statuto

super statuto is a historical legal term referring to a specific type of formal written order, known as a writ, issued by the King in medieval England.

This writ was used against individuals known as tenants-in-chief. These were powerful nobles or lords who held their land directly from the King under the feudal system. The purpose of the super statuto writ was to challenge a tenant-in-chief who had transferred or attempted to transfer their land to another party without first obtaining the King's explicit permission. Such unauthorized transfers were a violation of specific laws, particularly chapters 12 and 13 of the Statute of Westminster II, which aimed to maintain the King's control over his most important vassals and their lands.

Here are some examples of situations where a super statuto writ might have been issued:

  • Example 1: Unauthorized Sale of Land
    Lord Alaric, a tenant-in-chief, decides to sell a valuable manor he holds directly from the King to Sir Gareth, a lesser knight, in exchange for a large sum of gold. Lord Alaric proceeds with the sale without ever seeking or receiving the King's royal license for this transfer. The King, upon learning of the transaction, would issue a super statuto writ against Lord Alaric to challenge the unauthorized sale and assert his feudal rights over the land.

  • Example 2: Grant as Dowry
    Lady Beatrice, a powerful tenant-in-chief, arranges a marriage for her daughter. As part of the dowry agreement, Lady Beatrice attempts to grant a significant estate she holds directly from the Crown to her new son-in-law's family. She does this without going through the proper channels to obtain the King's approval for the land transfer. The King would then use a super statuto writ to intervene and prevent this unauthorized alienation of land from his direct vassal.

  • Example 3: Unapproved Land Exchange
    The Earl of Pembroke, a tenant-in-chief, enters into an agreement with a neighboring monastery to exchange a fertile tract of his royal-granted land for a strategically located piece of land owned by the monastery. The Earl completes this exchange without first seeking or receiving the King's explicit consent. The King, concerned about maintaining control over his feudal holdings and vassals, would issue a super statuto writ to challenge this unapproved exchange of land.

Simple Definition

Super statuto was a historical legal writ used against tenants-in-chief. It was issued when these individuals transferred their land without obtaining the king's required permission, which violated specific chapters of the Statute of Westminster II.

Justice is truth in action.

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